TERMS & CONDITIONS
1. CREATING CALM THERAPIES
1.1 Clients will understand the scope of the therapeutic services from relevant sales pages, questions answered through messages/email, or via a call.
1.2 Therapeutic services will take place in-person in Creating Calm Therapies studio, 6 Gladstone Place, Stirling, FK8 2NNor via zoom, or if attending a live event, it will be in person at the venue.
1.3 Please note that Creating Calm Therapies is not counselling, psychotherapy or psychoanalysis and nor does Creating Calm Therapies provide mental health services or advice. It is not, and is not to be used as, a substitute for appropriate professional advice. In particular, it is the Clients responsibility to seek professional guidance for legal, medical, financial, business, mental health or other specific matters from an appropriate, professional adviser.
2. ELIGIBILITY OF CLIENTS
2.1 To be a Client of Creating Calm Therapies, the Client must be 18 (eighteen) years of age, or older.
2.2 Clients must not have been convicted of any offence, nor must they be subject to any court order, relating to sexual misconduct, harassment, violence or any form of physical or mental assault or abuse.
2.3 Any breach of this clause 2 may result in a termination of this Agreement, at the sole discretion of Creating Calm Therapies.
3. TERMS OF ENGAGEMENT
3.1 You are engaging me as a Holistic Integrated Creative Therapies practitioner and Grief movement Guide, to provide Holistic Integrated Creative Therapies and Grief movement on the terms of this agreement.
3.2 This contract between us will commence on the date you pay your first instalment or total fee, and will continue, unless and until, terminated by either of us.
4. 1:1 SESSIONS & CANCELLATION
4.1 Each video, telephone, or in person coaching appointment at which the Services are provided will last for no longer than the duration agreed.
4.2 Refund policy: Upon agreement and/or payment of funds, the Client shall be responsible for the full extent of the Fee. If client cancels attendance for any reason, the Client will receive no refund.
4.3 Rescheduling policy: Either of us may cancel a 1:1 Session by notice by phone call, text or by email to the other no less than 24 hours prior to the start of the Session.
4.4 If either of us cancel a session, we will re-schedule the Session at the earliest mutually convenient time.
4.5 If Client is unable to attend a consultation, please let Clare Jackman at Creating Calm Therapies know as soon as possible. If Client simply fails to attend a consultation or does not give the required notice of not less than 24 (twenty four) hours, Creating Calm Therapies reserves the right to retain the fees paid.
4.6 It is important that the consultations start at the agreed time. If Client is late for a consultation, the consultation will in any event be deemed to have started at the agreed time.
4.7 I may ask you to complete an insight questionnaire in advance of our first Session. If this is the case providing this information is essential to the success of the service and you are required to return it 24 hours before the start of your first session.
4.8 Calls and session times may vary over public holidays so please check for notices.
5. DUTIES OF CREATING CALM THERAPIES
5.1 I shall provide the Services with due care, skill and ability.
5.2 Other than as set out in clause 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of Holistic Integrated Creative Therapies, and Grief Movement, I do not guarantee any particular results.
6.1 In consideration of me providing the Services to you, you will pay the fee specified at time of consultation/Booking. If you contact me between scheduled Sessions or calls then I will provide an email or telephone response to you free of charge to ensure your progress.
6.2 All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision.
6.2 This clause is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
7. DATA PROTECTION
7.1 You acknowledge and agree that your personal data will be processed by and on behalf of Creating Calm Therapies as part of Creating Calm Therapies providing you with the Services.
7.2 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of, or otherwise make available to a third party in any way, any of the content or materials that I use in the sessions.
7.3 You may not without my prior written consent make any audio or visual recordings of all or any part of the Sessions.
7.4 Non disparagement: In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be under UK Law. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
8.1 Nothing shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
8.2 I shall not be liable or be deemed to be in breach of these terms by reason of any delay in performing, or any failure of any of my obligations in relation to the Services, if the delay or failure was due to any cause beyond our control
8.3 My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
8.4 If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
8.5 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9. THIRD PARTY RIGHTS
9.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
9.2 The rights of the parties to terminate or rescind under this agreement are not subject to the consent of any person that is not a party to this agreement.
10. GOVERNING LAW
10.1 This agreement and any dispute or claim arising out of it shall be governed by and construed in accordance with UK Law.
11.1 Creating Calm Therapies will deal with all information it receives from the Client in accordance with the provisions of the Data Protection Act1998 and of any alterations to it or replacement of it, from time to time.
11.2 Client consents to Creating Calm Therapies holding personal information that Creating Calm Therapies collects in relation to Client and processing it in any form and transferring it but only for the purposes of providing Creating Calm Therapies’ services.
11.3 Otherwise, Creating Calm Therapies will not disclose Client’s confidential information unless required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Terms and Conditions
Last updated: January 24, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
refers to: United Kingdom
(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Creating Calm Therapies, 6 Gladstone Place, Stirling, FK8 2NN.
means any device that can access the Service such as a computer, a cellphone or a digital tablet.
refer to the items offered for sale on the Service.
mean a request by You to purchase Goods from Us.
refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
refers to Creating Calm Therapies, accessible from http://www.creatingcalmtherapies.co.uk
means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com